Revocation, petition to revoke, when
Anyone who thinks a person should not have a Missouri lifetime or extended concealed carry permit can file a paper with the small claims court to try to take that permit away. If the court agrees the person was never eligible or is no longer eligible, the permit gets canceled. If the person who filed the complaint had no good reason for doing so, or was trying to harass the permit holder, the court can make that person pay the permit holder's lawyer fees and other costs. A person who loses at the small claims court can appeal for a full new trial. A county sheriff's office cannot be sued for damages over how it handled a permit, as long as the sheriff acted in good faith.
*571.225. , to , when — revocation form — — — sheriff , when. — 1. Any person who has knowledge that another person, who was d a Missouri lifetime or extended under sections 571.205 to 571.230, never was or no longer is eligible for such under the criteria established in sections 571.205 to 571.230 may file a petition with the clerk of the to revoke that person's Missouri lifetime or extended concealed carry permit. The petition shall be in a form substantially similar to the petition for revocation of a Missouri lifetime or extended concealed carry permit provided in this section. Appeal forms shall be provided by the clerk of the small claims court free of charge to any person:
2. If at the hearing the shows that the was not eligible for the Missouri lifetime or extended concealed carry permit issued under sections 571.205 to 571.230 at the time of or renewal or is no longer eligible for a Missouri lifetime or extended concealed carry permit the court shall issue an to cause the revocation of the Missouri lifetime or extended concealed carry permit. Costs shall not be assessed against the sheriff.
3. The , in any brought against a permit under 1 of this section, shall make and the court shall make addressing the issues at dispute. If it is determined that the plaintiff in such an action acted without or with or primarily with an intent to harass the permit holder or that there was no reasonable basis to bring the action, the court shall order the plaintiff to pay the defendant/ all reasonable costs incurred in defending the action including, but not limited to, , , and lost wages. Once the court that the plaintiff is to the defendant/respondent for costs and fees, the extent and type of fees and costs to be awarded should be liberally calculated in defendant/respondent's favor. , reasonable attorney's fees shall be to be at least one hundred fifty dollars per hour.
4. Any by any rendered by a small claims court in a petition for revocation of a Missouri lifetime or extended concealed carry permit may have a right to as provided in sections 512.180 to 512.320.
5. The office of the county sheriff or any employee or of the county sheriff shall not be liable for in any arising from alleged wrongful or improper granting, renewing, or failure to revoke a Missouri lifetime or extended concealed carry permit issued under sections 571.205 to 571.230 so long as the sheriff acted .
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Source & history notes
(L. 2016 S.B. 656) *Effective 10-14-16, see § 21.250. S.B. 656 was vetoed June 27, 2016. The veto was overridden on September 14, 2016.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.